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HomeMy WebLinkAboutContract 6068 COMMUNITY FACILITIES AGREEMENT �&A 9✓ w STATE OF TEAS COUNTY OF TARRANT WHEREAS, Leon Theatres, a partnership of Taylor County , Texas, hereinafter called "Developer", desires to make certain improvements to a portion of Block 1, Southside Twin Addition to the City of Fort Worth, Texas, ,aAd, WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant County, Texas , hereinafter called "City", to. do certain work in connection with said improvements; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That said Developer Leon Theatres, acting herein by and through J. E. McQuaid, its duly authorized partner, and the City of Fort Worth, acting herein by and through 11. D. McMahan, its duly authorized City Manager, for and in consideration of the covenants and agreements herein per : formed and to be performed, do hereby covenant and agree as follows , to wit: r �rarr�oii�irrrv���✓l� i,i�✓//�a1P�ii/ln//1�J�1�l�l�fir l/l�J�ld�(�fi�l��rfd� Yu1�"�'r � ' � °'dU. � WATER AND/OR SANITARY SEWER FACILITIES A. The City agrees to install by contract or otherwise, in accordance with its accepted practices, ordinances, regulations, and the provisions of the City Charter, or to allow the Developer to award a contract forf WATER FACILITIES to serve the lots as shown on the attached Exhibit B . and SANITARY SEWER FACILITIES to servo the lots as shown on the attached Exhibit B all ;n accordance w[th plans and specifications to be prepared by the Engineering Division of the Water Dapartment/ or by private engineers employed by the Developer and approved by the Water Department . B. The City agrees to install , at Developer ' s expense, at the time all other water mains in this addition are installed, a service line for each lot as shown on the attached Exhibit B . The estimated cost of these service lines is $ 150~00 — 1. Tho City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. C. The construction cost of the water facilities sized to serve the development herein concerned' exclusive of service lines and engineering is estimated to be Fifteen Hundred Sixty-five Dollars ( 1,565-00 \ , D. The City agrees to insLa| )v at Developer ' s expense, at the time all other sanitary sewer mains in this addition are insta/ led' a service line for each lot as shown on the attached Exhibit __-__ . The estimated cost of these service lines is $ Not Included The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession, E. The cost of the sanitary sewer facilities to be installed hereunder, exclusive of service lines and engineering, is estimated to be None required Dollars~ ` ' . F. Prior to -the award of the construction contract by the City, or the commencing of any work by the City or its contractors/ if the Developer does not award his own contract, the Developer agrees to pay to the City' U\ Eighty (BO) per cent of the cost of the water facilities sized to servo the development herein concerned, and eighty (80) per cent of the cost of the sanitary sewer facilities to be constructed hereunder, both costs being exclusive of engineering and cost of service lines' as reflected in an estimate prepared by the Engineering Division of the Water Department or in the proposal of the low bidder. (2) An additional ten AO\ per cent of the total of the Developer ' s cost of these water and sanitary sewer facilities, exclusive of cost of service lines, for design engineering, if such engineering is preformed by the City. This charge will be waived if private engineers employed by the Developer and approved by the Water Department Perform the design engineering. Block |» 3outhside Twin Addition (6200 Block Old Hemphill Street) , . . . 2 (3) One Hundred ()OO) per cent of the cost of all service lines, estimated under l -B and l -D above, in accordance with the provisions of the current Fort Worth City Code. G. The distribution of estimated construction cost between the City and the Developer as per paragraph | -F above, for all water and sanitary sewer facilities to be constructed hereunder is estimated as follows- Water Facilities, Estimated Estimated Developer Total " ity Cost Cost Cost (a) Mains 44 (b) Services -0- 150-00 } O Sub-Totals, Water 44 (2) Sanitary Sewer Fac| l it ios: (NONE INCLUDED) (a) Mains (b) Services Sub-Totals, Sewer Grand Totals 44 8 � This includes a ten per cent engineering design charge» since plans for this work were prepared by the Water Department Engineering Division. H. Within a reasonable time after completion of the above referenced facilities to be constructed by the City or by contract awarded by the City, and their accept- ance by the City Council, the City and Developer agree to an adjustment of the Developer ' s payment as sot out in |-F and 2-G here|nabove^ so as to conform said payment to actual construct /on costs and actual service costs under the provisions of the current Fort Worth City Code, (said adjustment to be calculated as the payment in | -F and/or 2-G above) , but based on actual quantities as re- flected in the final estimate paid to the contractor by the City, and/or in the event any portion of the facilities are installed by City forces, on the actual records of cost, kept by the City as a part of its customary procedures. In the event the difference in the deposit and the actual costs exceeds $25.00, Developer agrees to pay to the City any underpayment which said adjustment might indicate as being due, and City agrees to refund to Developer any overpayment, said re- Block lx Southsi6e Twin Addition (6200 Block Old Hemphill Street) | " 3 fund to be made only after all facilities required under all sections of this agreement have been completed to the satisfaction of the City. It is further agreed and understood that any additional payment required of Developer is to cover only such additional work and/or materials as may be made necessary by conditions encountered during construction, and shall not include any change in scope of the project. RECOMMENDED: � ' � } , W.-R, Hardy, Director, Watili Department Date: � / � / / Block |, Smuthsi6a Twin Addition /6200 Block 076 Hemphill Street) B. SMET IMPROVEMENTS: No street improvements required under this contract. RECObMNDED. % PuBuc o b 5 h r � BY CHIEF Efvy.,, E� ... fi G JACK M. GRAHAM, P.E., PUBLIC WORKS DIRECTOR n N4 w W ,R III STREET LIGHTS SQV=IDK MW ADDITION,, BLOCK 1 No street lights will be required in this contract. There is not an intersection of public streets involved and only approxi tely 200 feet of frontage on Hemphill Street (not a major thoroughfare at this location) T. R. Buckman, Traffic Engineering D for IV. GENERAL REQUIREHENTS A, It is agreed and uaderstood by the parties hereto that the developer shall employ a civil engineer , licensed to practice in the State of Texas, for the design and preparation of plans and specifications for the construction of all facilities covered by this contract, subject to paragraph B. & For any project estimated to cost less than $6,000, or for any project designed to serve a single lot or tract, the developer may at his option request the City to provide the design engineering, in which event the de- veloper shall pay to the City an amount equal to 10 per cent of the final construction cost of such project.. C. In the event the developer employs his own engineer to prepare plans and specificattons for any or all facilities, the plans and specifications so prepared sball be subject to approval by the department having jurisdiction. One (1) reproducible set of plans with 15 prints and 35 specifications for each facility shall be furnished the department having jurisdiction, It is agreed and understood that the decision of the Public Works Director, Traffic Engineering Director, and/or Water Department Director will be final. D. It is further agreed and understood by the parties hereto that title to all facilities and improvements mentioned beretnabove shall be vested at all times in the City of Fort, Worth, and developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. 0 The life of this contract shall be five (5) years and it is understood that any obligation or the part of the City to make any refunds hereunder shall cease upon the expiration of Me (5) years from the date of execution of this contract. it is understood by and between the parties hereto that any of the facilities or requirements included herein to be performed by developer not completed within the five (5) years period, may be completed by the City at the developer 's expense, and that no refunds due the developer on any facility con- Aructed under this agreement shall be made until all provisions of the agree- ment are fulfilled, F. Performance bonds, or a cash deposit in lieu of and in like amount of the per- formance bonds, are required for streets, storm drainage and street lights, and must be submitted prior to the execution of the contract for installation of community facilities by the City„ The bonds shall be standard performance bonds as provided by a licensed surety company on forms provided by that surety com- pany. A cash deposit in Lieu of the performance bonds may be made in the Treasury of the City of Fort Worth or in any financial institution in Fort Worth which is insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The City of Fort Worth cannot pay in- terest on any deposit made hereunder in the Treasury of the City of Fort Worth. When the option is exercised to make the cash deposit in a financial institu- tion, the following terms and conditions shall apply: (1) The developer shall execute four copies of a letter assigning the deposit to the City of Fort Worth and providing for the City to withdraw the de- posit if necessary to complete construction. Such, letter of assignment must be accepted in writing by the financial inatitution. (2) 7Jpc,,)n sat!,isfactory co�npletion of the facilities for which the deposit is made as sec,tirity, the City of Fort Worth shall reassign the deposit to the developer, including accrued interest or dividends thereon, upon express order of the City Manager. (3) Deposits may be made 1,n any Fort Worth financial institution whose ac- counts are insured by the Federal. "Deposit 'Insurance Corporation or the Federal, Savtngs & Loan Insurance Corporation. Bonds or Cash Deposits will, be furnished for (a) 1.00 per cent of the estimated developers share of the cost of the storm drains. (b) 20 per cent of the estimated developer cost of streets for amounts between $0 and $25,000 or $5,000.00 plus 15'/,, of the estimated developer costs for amounts between $25,001 and $50,000 or $8,750 plus 10% of the estimated developers cost for amounts be- tween $50,001.00 and $100,000.00 or $13,750.00 plus 5% of the estimated developers cost for amounts over $1,00,000.00. (c) 1,00 per cent, of the developer 's share of the cost of the street lights as specified in Section 3 of the contract. (d) A cash payment of the developer's share of the project cost is re- qtAred prior to initiation of construction for water and sanitary sewer facilities. G. This contract., any part hereof, or any interest herein shall not be assigned by developer without written consent of the City Manager, and it is further agreed that such written consent will not be granted for the assignment, transfer , pledge and/or conveyance of any refunds due or to become due to developer, except that such asstgnment, transfer, pledge and/or conveyance shall be for the full. amount of the total of all such refunds due or to be- come due hereunder. B. On all. facilities included in this agreement for which the developer awards his own construction contract, the developer agrees to follow the following pro- cedures, none of which apply to street improvements except Number 7 : (1) To employ a construction contractor who is approved by the Director of the department having jurisdiction over the facility to be so constructed, said contractor to meet City 's requirements for being licensed and bonded to do work in public streets. (2) To reqixi,re the contractor to furnish to the developer a performance bond in the name of the developer for 100 per cent of the contract price of the facility, said performance bond to be furnished before work is com- menced. (3) To give 24-hours notice to the department having jurisdiction of intent to conunence construction of the facility so that inspection personnel will be available; and to require the contractor to allow the constructi.on to be subject to inspection at any and all times by City inspection forces, and not to install any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such. laboratory tests of materials being used as may be re- quired by the City. (4) To secure approval by the Director of the department having jurisdiction of any and al.l. partial, and final payments to the contractor, said approval is made, in accordance with requirements of this agreement, and is not to constitute approval. of the quantities on which payment is based , (5) To require the contractor to furnish to the City, prior to making the final payment, a written one-year guarantee against defects in materials and/or workmanship of faciJities so constructed. (6) To delay, connections of buildings to service lines of sewer and water mains until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. (7) Developer further covenants and agrees to and by these presents does here- by fully indemnify and hold harmless the City, its officers, agents and employees from all. suits, actions or claims of any character, whether real a-.,)r asserted brought for or on. account of any injuries or damages sustained by any person or to any property, resulting from the construc- tion, performance or to be performed by said developer, its contractors, agents, or employees or in consequences of any failure to properly safe- guard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said developer, its contractors, sub-contractors, agents or employees. L. The attached Exhibits A and B are made a part hereof for all intents and purposes. IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quintuplicate in its name and on its behalf by its City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and say d�eveloper has executed th�.,;,B instrument in quadruplicate, this the day of 1.9 ATTEST: CITY OF FORT WORTH, TEXAS '19 11 n-Jy ffBateman, City Secretary H. D. McMahan, City Manager 7 , APPROVED AS TO FORM AND LEGALITY, DEVELOPER- Leon Theatres r '00 'Pee, S. -i—. McQ' id, f-a—rtn-r G. Johndroe, Jr. , City Attorney ua e ~ ^ APPENDIX '�&" SUMMARY Cost Estimates for 3OUT8CIDE TWIN ADDIIION _ Pcrfoonancc Developer 's city's Total Bonds Construction Construction Construction Deposit C D . 's or Section Coa� Cost Cost Required Dacrow ---- ----- ------' Section I Water $1 ,527 ¢344 $1 ,871 $1,527 � -O- Sewer -O- -O- -O- -O- � -0- Section II Storm Drains -0- -O- -O- -0- * -O- Street Paving Interior Streets -U- -O- -O- -0- -O- Assessments -O- -O- -O- -0- (Bonds (Border Streets) unacceptable) Section III Street L1ubto -0- -O- -O- -O- TOTALS � After receipt of bids and prior to contract award � +* No cash requirement when developer awards contract, required when City awards contract ( / Prior to construction ~ / / - o lip ' AREA TO BE 139P 09 10 DEVELOPED'-----,,,\ 9+00 ---Z—SURVEY BASELINE 7+00 EXISTING CHANNEL GENERAL LOCATION OF TIE TO EXISTING SEWER -PROPOSED NORTH LINE. 75 EASEMENT LINE PROPOSED CHANNEL 54-M PROPOSED SOUTH FLOOD LINE it PROPOSED NORTH FLOOD LINE PROPOSED SOUTH EASEMENT LINE 3+00 O CO i 1+00 CC ENTRANCE TO DEVELOPMENT TO HAVE LIGHTED ENTRANCE AND EXIT LANES AS WELL AS OTHER MARQUEE LIGHTS TO SERVE AS ADEQUATE STREET LIGHT GENERAL LJDCATION OF EXHIBIT A SH. I of 2 EXISTING WATER MAIN. EXHIBIT B SH. I of 1 (1200 FEET FROM PROPERTY) EXHIBIT C SH, I of I 6200 OLD HEMPHILL STREET J.H. STRAWN PROPERTY R S WOODRUFF& ASSOC INC 5-68 ScAl.c i'•goo* i i v i AREA TO BE DEVELOPED 9+00 URVEY BASELINE _) 7+00 EXISTING CHANNEL t GE�FnaL .00ATI'ON OF ' TIE TO EXISTING SEWER PROPOSED NORTH BANK LINE. PROPOSED CHANNEL ` 5+00 PROPOSED SOUTH BANK'` !/'� ( tab r x+00 f. N�tip � 1+00 ENTRANCE TO DEVELOPMENT TO HAVE LIGHTED ENTRANCE AND NOTE: EXIT LANES AS WELL AS OTHER Aeae T P Avo !HATE' MErre i✓ic.L de MARQUEE LIGHTS TO SERVE AS LocArw Ar Me END Or rE AQ0P. ADEQUATE STREET LIGHT. 6", 44me IWQl v ExrcwsioN s c GENERAL LOCATION OF IGO fkOP 6'I7A/N EXHIBIT A SH. I of 2 EXISTING WATER MAIN. s*,b,, 02OO FEET FROM PROPERTY) V,EXH IBIT(B 'SH. I of `�-•�.,, EXHIBIT C SH. I of 1, 6200 OLD HEMPHILL STREET J.H. STRAWN PROPERTY R $ WOODRUFF a ASSOC INC 4•G8 a t. SCALC 1«w. too* ,n „ City of Fort Worth, Texas Mayor and Council Commumication anAT REFER.E�NCE O'J EICT. Contract for tallation PAGE MO Coiimunity Facilities, a Portion of 2 7/15/68 C-1270 0 1 of JBU!ock lt Southside Twin Addition Leon The atres acting by and through J. E. McQuaid, its duly authorized partner, the developer of Block 1, Southaide Twin Addition, has executed a proposed contract foir tbe installation of community facilities to serve the area shown on the atta6hed maps., The estimated cost of the community facilities is as follows: Developer V�Kt Total Water $1,527 $344 $1,871 Water facilities have been installed in accordance with standard policies for the installation of community facilities under an interim agreement. Standard policies for storm drains require the owner to improve the proposed drainage channel adjacent to this property. However, the consulting engineers for the developer have made a study of the drainage run-off and do not recom- mend that the channel be lined with concrete. Th e Public Works Department has checked the work of the consultant and in view of the size of this channel and the rocky nature of the banks whidh are resistant to erosion, concux with the findings of the consulting engineers and recommend that the channel not be lined as required by policy. In order to protect the City from any lidbility or expense in connection with the variance from standard policy, the developer agrees: 1) That the City of Fort Worth is absolved and relieved of the obligation or responsibility of protecting the banks of said channel from erosion or keeping said channel free of trash, debris , and water accumulation; 2) That in the event the sUbject tract is subdivided into smaller parcels, it is understood and agreed that the requirements of the City of Fort Worth pertaining to the treatment of said channel, shall be subject to review by the City of Fort Worth at its option; 3) That in the event the subject channel is lined, being judged necessary by the Director of Public Works of the City of Fort Worth, the owner of said property shall pay his proportional share of the total canstruction cost as established in the standard policies, for comiunity facilities installation, as That the agreements and covenants contained herein are of the nature of covenants running with the land and shall be binding upon the present owners and sibsequent owners of the subject tract. DATE REFERENCE SUBJECT, Contract for the Installation. PAGE NUMBER of Community Facilities, a Partion of 2 7/15/68 G-12710 I �"� e, Twin Addition It is recommended that the above agreements be made a part of the record of deed to the above property when said deed is recorded in the Deed Records of Tarrant County, Texas. In the event suich recording is not made, the the above describ ed. exceptioas to the standard City policy would be vol,d. Inasmuch as the development is to be under one ownership and the only buildings to be constructed are for a drive-in theatre, and the City is relieved of all Obligations and responsibilities !in regard to the channel; the staff as no objections to the 'variance from the standard policy in regard, to concrete lined Channels. Reco=ftendation It is recomended that the City Manager be authorized to execute the community facilities contract with Leon Theatres with a variance from the standard policies on storm drainage as outlined above. fat.'Ma At t a clis ........... ........ ........... SUBWTTED BY: DISPOSITION BY COUNCIL PROCESSED BY [J APPROVED 0 OTHER (DESCRIBE) CITY' SECRETARY ..........-1-11........... CITY MANAGER